Sharda Sharan vs M.P.Rajya Vidhyut Mandal,Vidhyut ...
2023 Latest Caselaw 22534 MP

Madhya Pradesh High Court

Sharda Sharan vs M.P.Rajya Vidhyut Mandal,Vidhyut ... on 27 December, 2023

Author: Avanindra Kumar Singh

Bench: Avanindra Kumar Singh

                                                             1
                            IN      THE     HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                       BEFORE
                                    HON'BLE SHRI JUSTICE AVANINDRA KUMAR SINGH
                                              ON THE 27 th OF DECEMBER, 2023
                                             CRIMINAL APPEAL No. 136 of 2010

                           BETWEEN:-
                           SHARDA SHARAN S/O KUNJILAL RAVAT , AGED ABOUT
                           50 YEARS, R/O GRAM GODHARI, TEH. NARWAR,DISTT.
                           SHIVPURI (MADHYA PRADESH)

                                                                                          .....APPELLANT
                           (BY SHRI HARISH GOYAL - ADVOCATE)

                           AND
                           M.P. RAJYA VIDHYUT MANDAL,VIDHYUT VITRAN
                           KENDRA,DINARA TH: JUNIOR ENGINEER RITESH
                           SHRIVASTAVA, S/O M.K.VERMA, AGED ABOUT 30
                           YEARS, VIDHYUT VITRAN KENDRA,DINARA, DISTRICT
                           SHIVPURI (MADHYA PRADESH)

                                                                                        .....RESPONDENT
                           (BY SHRI RINKESH GOYAL - ADVOCATE )

                                 Th is appeal coming on for hearing this day, th e court passed the
                           following:
                                                              ORDER

Appellant has filed this appeal under Section 374 of Cr.P.C. being aggrieved by judgment of conviction and order of sentence dated 21/1/2010 passed by Special Judge (Electricity Act), Karera, District Shivpuri in S.S.T.NO. 139/2009; whereby, learned trial Court convicted for offence under Section 138 (1) (Kha) of the Electricity Act and sentenced to suffer six months RI with fine of Rs. 2,000/- and in default of payment of fine to further undergo one and half months SI.

2 . Although this appeal has been filed on merits but today, learned

counsel for the appellant pressed the appeal only regarding sentence part is concerned and do not press the conviction part as mentioned above.

3. Learned counsel for the respondent expressed no objection if the above prayer is allowed.

4 . Although, conviction part of the impugned judgment has not been pressed on merits but to do substantial justice, judgment of the trial Court is perused, oral and documentary evidence seen and after perusing the judgment as well as the record, this Court is of the view that the trial Court has properly recorded the conviction of the appellant as mentioned hereinabove. Hence, his conviction is hereby affirmed; however, regarding quantum of sentence, since

the appeal is of the year 2010 and appellant is facing wreath of the trial since year 2009, he is only fined for offence under Section 138 of Electricity Act and the fine amount is enhanced from Rs.2,000/- to Rs. 8,000/- and if fine amount as imposed by the trial Court has already been deposited by the appellant, same be adjusted. If appellant deposit fine amount as directed hereinabove within a period of 30 days from the date of receipt of certified copy of this order, as the jail sentence of appellant has already been suspended, his bail bonds shall stand discharged and if he fails to deposit the fine amount, he has to undergo total jail sentence of one month.

5. Accordingly, appeal is allowed in part with the above observations. Let a copy of this order be sent to the trial Court concerned for information.

(AVANINDRA KUMAR SINGH) JUDGE JPS/-